On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum announcing the creation of the Department of Justice’s (DOJ) Civil Rights Fraud Initiative (the Initiative), which directs DOJ attorneys to utilize the False Claims Act (FCA), 31 U.S.C. § 3729 et seq., to combat knowing violations of civil rights law and the false certification of compliance with such laws by recipients of federal funds such as educational institutions and federal contractors.1
The Initiative is the latest broadside by the Trump administration against “diversity, equity and inclusion (DEI) programs” and illustrates a 360-degree approach on social issues from the boardroom to the bathroom. Specifically, DAG Blanche’s memo provides examples of the types of cases DOJ intends to pursue, such as cases against “universit[ies]” that “encourage[] antisemitism, refuse[] to protect Jewish students, allow[] men to intrude into women’s bathrooms, or require[] women to compete against men in athletic competitions.” Outside of the higher education context, the memo also announces a focus on entities that “engage[] in racist preferences, mandates, policies, programs, and activities, including through diversity, equity, and inclusion (DEI) programs that assign benefits or burdens on race, ethnicity, or national origin.”
The use of the FCA in these contexts, coupled with encouragement for qui tam relators to file lawsuits alleging discriminatory conduct, will likely lead to increased investigations...
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